Judge v. Herbert
Massachusetts Supreme Judicial Court
Bill in equity, filed March 28, 1877, against Ellen Herbert, the Taunton Savings Bank, Michael J. Barnes and Samuel D. Howland. The defendants demurred to the bill for want of equity. Endicott, J., sustained the demurrer, and ordered that the bill be dismissed. The plaintiff appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The material facts stated in the bill, and admitted by the demurrer, are as follows :
The plaintiff brought an action at law against Michael J. Barnes, and attached his interest, being an undivided half of the right to redeem certain land in Fall River, of which the Taunton Savings Bank held a mortgage. She obtained judgment, and, on September 8, 1876, levied her execution by a sale of said interest at auction, Ellen Herbert being the purchaser. On October 7, 1876, the Taunton Savings Bank, the mortgagee, sold the estate under the power of sale con tamed in the mortgage, the said Herbert being…
2Cases cited2 opinions
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Gardner v. BarnesMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- W. A. H. Church, Inc. v. HolmesCourt of Appeals for the D.C. Circuit · 1931
- Hunneman v. Lowell Institution for SavingsMassachusetts Supreme Judicial Court · 1910
- Whittemore v. SwainMassachusetts Supreme Judicial Court · 1908
- Eastern Electric Cable Co. v. Great Western Manufacturing Co.Massachusetts Supreme Judicial Court · 1895
- Cowan v. StokerUtah Supreme Court · 1941